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Research Paper Volume 9 Issue 2 3272 - 3297 May 2, 2026

Rethinking Inventorship in the Age of Artificial Intelligence: A Legal Analysis of AI-Generated Inventions

Lead author · Corresponding
Ujjwal Kumar
Student at Symbiosis Law School, Nagpur, Maharashtra, India
Co-author
Sakshi Sure
Student at Symbiosis Law School, Nagpur, Maharashtra, India
Co-author
Khushi Bhatnagar
Student at Symbiosis Law School, Nagpur, Maharashtra, India
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.1111943
Abstract

In the study, three main questions are discussed, namely, can AI become an inventor in accordance with the current legislation, how should AI-generated inventions be owned, and is the existing legal framework capable of handling the issues of autonomous technologies. The paper uses a doctrinal and comparative approach of analysis of the Indian patent law as compared to international jurisdictions such as the United States, the United Kingdom, the European Union, Australia, China and Japan with specific reference to the landmark case of DABUS. The results of the research indicate that the judicial consensus on the principle of inventorship as a preserve of natural personalities is nearly universal, supported by statutory interpretation and lack of legal personality in AI systems. The unavailability of statutory guidance on AI inventorship in India and the limited nature of the Section 3(k) and the inefficiency of the patent office system poses a high degree of legal uncertainty, which does not encourage innovation or investment. The paper states that the Patents Act should be reformed and promptly. It suggests reinventing inventorship to reflect AI-enhanced work, creating explicit default ownership systems, creating specific guidelines on patentability, using a regulatory sandbox, and integrating ethical measures against monopolization. The paper argues that these reforms should strike a balance between a stimulus to technological improvement and safeguarding the interests of the greater population.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 9, Issue 2, Page 3272 - 3297
DOI: https://doij.org/10.10000/IJLMH.1111943
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
Disclaimer
The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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